John Furber KC

Property

Examples of cases in which John has been instructed in the first half of 2023 are as follows:

• Advising a developer on remedies available for trespass to land by the building of an access road.
• Advising a local authority as to the interpretation of user covenants in a lease of a mansion house and golf course.
• Advising a pubco as to the meaning of provisions relating to significant price increases contained in the Pubs Code.
• Advising a developer as to the effect of provisions in occupational leases which might constrain the proposed development”.

During more than 40 years in practice, John has appeared in many reported cases in the House of Lords, Court of Appeal and at first instance. His cases in the Court of Appeal since 2000 are as follows, giving some illustration of the range of his work.

• HMV UK Ltd v. Propinvest Friar Limited Partnership [2011] EWCA Civ. 1708 (consideration of test to be used under section 69 of the Arbitration Act 1996 on an application for permission to appeal against a decision of an arbitrator relating to a rent review of a high street shop).
• Stadium Capital Holdings (No. 2) Ltd v. St Marylebone Property Company Ltd [2010] EWCA Civ 952 (issue on the assessment of damages for trespass to land, following finding by trial judge that the projection of an advertising hoarding into the airspace of a cleared development site constituted a trespass).
• Landlord Protect Ltd v. St Anselm Development Company Ltd [2009] 2 EGLR 23 (landlord’s requirement for an extended guarantee on an assignment of a lease of a block of flats found to be unreasonable; intended purchaser of lease entitled to rescind contract and recover deposit).
• Debenhams Retail plc v. Sun Alliance & London Assurance Co Ltd [2005] 3 EGLR 34. (VAT to be included in calculation of turnover rent payment under lease of a department store).
• Well Barn Shoot Ltd v. Shackleton [2003] EWCA Civ 02 (consideration of whether sporting rights could be relied upon to prevent the development of barns for residential purposes; “negative declaration” granted; development in accordance with undertakings given would not cause substantial interference with rights).
• Keelwalk Properties Ltd v. Waller [2002] 3 EGLR 79 (rejection of alleged proprietary estoppel relating to renewal of leases on an estate of bungalows).
• J Murphy & Sons Ltd v. Railtrack PLC [2002] 2 EGLR 48 (consideration of the valuation hypotheses required on the renewal of a business lease under section 34 of the Landlord and Tenant Act 1954).
• National Car Parks Ltd v. Trinity Development Co (Banbury) Ltd [2001] 2 EGLR 43 (consideration of whether an agreement relating to a car park created a lease or a licence).

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